Indians threaten to block BR-364 because of Ordinance of the AGU

Indians threaten to block BR-364 because of Ordinance of the AGU

August 22 2012

Indians in Rondônia promise to prevent the traffic on the BR-364 on Saturday (25), if the Government does not withdraw the Ordinance No. 303 of Advocacia-Geral da União (AGU), edited in last July to guide the legal offices of the federal public administration in opinions on the access and use of indigenous lands.

According to the Indians, the Ordinance is unconstitutional, contrary to an international agreement that Brazil is a signatory and allows the use of indigenous lands (TIs) for economic exploitation without consulting the occupants. For the Government, the Ordinance just internalizes demarcation procedures as decision of the Supreme Court (STF) about the occupation of TI Raposa Serra do Sol (RR).

Monday (20) morning, the highway was closed for about 40 indigenous for six hours. It is the main access road to Rondônia and the Mato Grosso state League. It is fundamental to the seepage of Mato Grosso soybean that is transported by the Madeira River Waterway.

According to José Luís Kassupá, of the indigenous movement of Rondônia, “the Concierge was precipitated” and should have been discussed previously with the Indians. With the norm, “the Brazil continues disregarding the rights of demarcation of traditional lands,” complains.

In manifesto published last week, the indigenous movement called for “action of the Secretariat of human rights [the Presidency] and of the United Nations (UN) to collectively require the repeal of the Ordinance 303 and the guarantee that the State does not allow the violation of indigenous rights”.

Because of the controversy, the Government suspended the Decree and postponed the entry into force for September 24. Last week, the Justice Minister, José Eduardo Cardozo, and the Attorney-General of the Union, Luís Inácio Adams, met in Brasilia with indigenous representatives and promised to consider the claims in a possible change. The AGU is studying alternatives, but ensures that the Ordinance contravenes the Constitution.